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(영문) 서울중앙지방법원 2019.03.20 2018고정2802

근로자퇴직급여보장법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of Jung-gu Seoul Metropolitan Government building C(C) D, is an employer who ordinarily employs four workers and operates luminous-based specialized distribution business.

Although an employer has paid retirement allowances within 14 days from the date of retirement if a worker retires, the Defendant did not pay retirement allowances of 4,065,445 won of retirement allowances of e-employee E who retired while working in the said workplace from October 12, 2015 to May 13, 2017 within 14 days without agreement between the parties to the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Articles 9;

(b) Crimes of non-violation of will: the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. On March 20, 2019, after the institution of prosecution, workers E expressed his/her intent not to be punished for the defendant by attending this court as a witness.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act